Jammu & Kashmir High Court - Srinagar Bench
M/S. Lakhan Pal Fabricates vs Union Of India And Ors on 19 May, 2022
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
S. No. 11
Regular List
IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 401/2020
CM No. 813/2020
M/S. Lakhan Pal Fabricates ...Petitioner(s)
Through: Mr. M.M. Khan, Adv.
Vs.
Union of India and Ors. ...Respondent(s)
Through: Mr. T.M.Shamsi, ASGI.
CORAM:
HON'BLE MR JUSTICE SANJEEV KUMAR, JUDGE
ORDER
19.05.2022 Oral:
01. In this petition the petitioner has, inter alia, prayed for a writ of Certiorari to quash Tender Notice bearing No. CE (P) BCN/14/2019-20 dated 12th December, 2019, issued by the respondents to re-tender balance work of construction of Bridge. The petitioner has also prayed for quashmentof cancellation of the contract dated 3rd February, 2017, awarded to him. It is the submission of learned counsel for the petitioner that delay in the execution of the contract was not attributable to the petitioner and it happened because of huge delay caused by the respondents in approving the altered design of the Bridge. He, therefore, submits that the cancellation of the contract awarded to the petitioner was, therefore, arbitrary and so was the process initiated to re- tender the balance work.
02. Respondents have filed their objections and the stand taken by the respondents is that the petitioner right from the very beginning was showing slow progress of the work. He was reminded time and again to expedite the work, but he could not complete the work within time. It is the case of the respondents that the contractor has failed to complete the work to the satisfaction of the respondents even after grant of extension in his favour. In short, the respondents have disputed the claim of the petitioner that he could not execute the work awarded to him in time because of action and inaction of the respondents.
03.Learned counsel appearing for the parties fairly submit that after the cancellation of the contract awarded to the petitioner, fresh tenders were invited and the balance work of construction of Bridge was awarded to the new contractor.
Learned counsel for the parties further submit that the contract agreement contains arbitration clause for settlement of all disputes arising out of the contract.
04. In view of the complicated disputed questions of fact involving allegations of breach of contract by the parties against each other, the disputes raised in this petition cannot be adjudicated in the writ jurisdiction.
05. In view of the foregoing reasons, this petition is found to be not maintainable and the same is, accordingly, dismissed with liberty to the parties to work out their remedy of arbitration in terms of Clause 70 of the general conditions of the contract.
(SANJEEV KUMAR) JUDGE SRINAGAR 19.05.2022 "Shamim Dar" Whether the Order is reportable? Yes/No Whether the Order is speaking? Yes/No